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(영문) 서울북부지방법원 2019.10.22 2019고단2388
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury resulting from dangerous driving) was committed on May 21, 2019 and around 00:40% of the blood alcohol concentration B 0.140%, the Defendant driven a two-way cargo vehicle in front of the victim’s cargo vehicle in front of the victim’s vehicle in front of the victim’s vehicle in front of the victim’s vehicle in front of the passenger vehicle in front of the Seoul Jung-gu, Seoul, while driving the vehicle toward the neck 6-distance distance from the side of the neck. In short, the Plaintiff: (a) while driving the vehicle in a state where the walking condition is heavy and the walking condition is so big that it is difficult to drive the vehicle normally due to influence of drinking, such as drinking, and (b) discovered the victim D (35 years old) and the victim D (35 years old) while driving the vehicle in front of the victim’s vehicle in front of the vehicle in front of the victim’s vehicle; and (c) caused the victim’s injury, such as a e.

2. The Defendant, at the time and time specified in paragraph 1, driven a B Poter II cargo vehicle while under the influence of alcohol content of about 0.140% at the 1km section in the vicinity of a private household station located in the Jung-gu Seoul Metropolitan Government, from around the same Gu F. to the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of a D traffic accident;

1. A traffic accident report;

1. Inquiries into the circumstantial statement of a drinking driver, investigation reports, and the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The Defendant, on the grounds of sentencing of the community service order, is under the influence of alcohol, driving in a state where normal driving is difficult.

The victim shall be injured by causing a traffic accident.

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